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Attorneys for the Florida Commission on Ethics shot down an inquiry by Tallahassee Commissioner Gil Ziffer to host a radio talk show that would run the same time as another radio program hosted by one of the city’s biggest critics.

Because the radio station does business with the city, the Ethics Commission said a contractual relationship with a commissioner would violate state law.

The negative opinion released on Jan. 8 led Ziffer to ask for more time to recast his inquiry, and will now go for a vote by the ethics commission panel on March 7.

“All I’ve got here is an idea and I’m trying to get clarification for what I can and cannot do,” Ziffer said on Tuesday. “For me, it’s better to ask first so you know what your opportunities are.”

On Nov. 27, an attorney for Ziffer submitted a request for an advisory opinion from the ethics commission on his plan to host a radio show on WQTL-FM that would air 6-9 a.m. weekdays. The show would include news reports and guests.

“It is likely that politics and issues relevant to the City of Tallahassee also will be discussed on the show,” Ziffer’s attorney, Jennifer Blohm, wrote in the request. “Commissioner Ziffer will be paid a salary for hosting the show.”

Ziffer’s program would run the same time as a WFLA-FM show hosted by Preston Scott, who regularly criticizes policy decisions made by city’s governing body.

“I have no intention of being the anti-Preston Scott,” Ziffer said. “That’s not the purpose.”

Ethics Commission attorneys issued a draft response that concluded Ziffer’s plan would violate law. The city’s utilities department purchases airtime from the radio station and its budget is approved by the city commission.

State law, “Prohibits the member from having a contractual relationship with a business entity that is doing business with his agency,” Ethics Commission Senior Attorney Betsy Daley wrote in the response. “It also prohibits contractual relationships which create continuing or frequently recurring conflicts of interest, who which impede the full and faithful discharge of public duties.”

Ethics commission attorneys also found Ziffer’s companion plan to use his advertising agency to sell airtime and provide consulting services wold be allowed. Ziffer Stansberry, which the city commissioner runs with his wife out of their SouthWood Home, is defined as a separate legal entity.

“As to the prospective contract between the member’s consulting firm and the radio station, the member’s own contractual relationship in that instance would be solely with the company, a separate legal entity,” Daley wrote.

Ziffer’s new questions could alter the initial opinion before it goes for a vote by the ethics commission.

“It’s almost certain to change,” Daley said.

Public officials can request an inquiry from the ethics commission before they make a decision and will receive a draft opinion by its attorneys. The final opinion then goes to a vote of the eight-member panel.

“They’ll note changes or they’ll just vote on it,” Daley said. “Normally, it just goes to a vote.”

Ziffer has yet to engage in “serious” conversations with WQTL-FM Manager Hank Kestenbaum about the show, but they have known each other for 15 years.

“Gil and I have never spoken seriously about Gil doing a radio show,” Kestenbaum said.